Tuesday, August 25, 2009

Was she living under a rock for 40 years?

According to a recent story by Fox News, a jury awarded $13.8 million to the daughter of a longtime smoker who died of lung cancer in February of 2003. The deceased, Betty Bullock, started smoking in 1956 when she was 17 years old and used a couple of different brands of cigarettes, both manufactured by Phillip Morris. Bullock's daughter, Jodie, originally sued the company in 2001, accusing them of fraud and liablity. A judge ordered Phillip Morris to pay $28 million in that instance. After the 2nd District Court of Appeals reversed that decision in 2008, Jodie sued again and was just awarded $13.8 million.

What I don't understand about this story is why on earth is it not Betty Bullock's own fault that she died of lung cancer and why does the company have to pay her daughter- not even the actual "victim" here- any damages at all? From what I've been able to find out, the Cigarette Labeling and Advertising Act was passed by Congress in 1965, requiring that all cigarette packages carry a warning about the possible health risks involved. According to the Fox News article, Betty started smoking when she was 17, which would have been in 1956. Even if the act wasn't passed until 1965, it seems to me that she had a good 40 years to think about putting down the cigarettes.
I want to make it clear that I don't in any way condone some of the tactics and advertising used by these tobacco companies and I do think there are definitely situations in which they are the guilty party. This just doesn't really seem like one of those situations though. Bullock had ample warning about the dangers of what she was doing every time she purchased a new pack if cigarettes, at least from 1965 until the day she died.

6 comments:

  1. Agreed. And it looks like you're having fun.

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  2. I definitaly agree with you. I am a none smoker, although, both my sisters, my father, and well half my family smoke. I believe that it is there choice. I do agree that the tobacco companies to play a BIG role in there decision but again it is their decision. Know one is twistin their arm making them smoke. Once the warnings were forced to be posted on cigarette packages, Betty Im sure seen it a some point and could've stopped then but she didn't. So the tobacco company can take some responsibility but the choice was ultimately left up to Betty.

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  3. Knowing personally regarding this article and the adiction of smoking, losing my mother and my father who has cancer, losing both sets of grandparents and three uncles and two aunts regarding the above stated article. Yes, you are right everyone has the complete ability to stop, unless your a smoker it is hard to pass a ligit oppinion regarding this without truely knowing the addiction behind the cancer stick. I do feel that the company deserved what they got, and as for the daughter getting the money that should of went to her mother, if her mother would of gotton as she should of the daughter would ultimately have gotton it anyway. Besides it is nice to see the little man win once in a great while. Signed the daughter of a cancer survivor and the daughter of a cancer victim.

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  4. Smoking is most definitely an addiction that is not easy to overcome. However, it is not impossible. I was a smoker for 14 years. It was something not only was I addicted to, but I enjoyed. One positive thing did happen during my addiction....when I found out I was pregnant, I did not even want a cigarette. I take that today as a major blessing. But, regrettably, I started up again as soon as I had both my children. As the years went on, my children would make comments and want me to quit so bad. My mom was constantly telling me she was praying for me to quit.
    My husband and I were finally able to build a home, and I just decided I did not want my home to smell like smoke. Not to mention my hair, my clothes, my car, etc. I set a date, gradually worked my way from 7 cigarettes a day to 6, 5, 4 and so on.
    This is a VERY hard thing to do, not impossible! The cigarette companies, granted, are making a cancer causing product, but they are also printing a warning label. At some point we need to be responsible for our own actions. Like you pointed out, this woman had 40 years to read that label.

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  5. I'm all for major tobacco companies being sued and taken to the cleaners. I wish they would have had to pay 10 times what the settlement demanded. It's obvious that these tobacco companies target young kids and walking around campus (non-smoking? yeah, right) I see tons of 18 year olds smoking. Who knows why they smoke. Maybe they are impressionable, maybe they enjoy it or maybe the instant they took their first puff they were addicted. I don't think younger kids really even think about the consequences of smoking until they hit about 30 and by that age they are so addicted it's nearly impossible to quit. They say smoking is harder to quit and withdrawal from than heroin. I'm not sure if that's true, but it raises a valid point. Should tobacco companies be responsible like a drug dealer for making the supply available, warning or not?

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